Illegal logging of reserve forests. How is illegal deforestation classified, according to the Criminal Code of the Russian Federation, where to complain if illegal actions are detected

Illegal destruction of forests causes significant environmental and material damage and is therefore a serious offence. The fine for cutting down trees is significant - its amount can reach hundreds of thousands of rubles. Any citizen who commits an unauthorized log house is called to responsibility, be it individual entrepreneur or summer resident.

Legislation

Illegal removal of trees is considered to be cutting down carried out without special permission. Similar documentation representatives of authorities have the right to formalize and issue local government or forest guards (foresters). A fine for cutting down a tree in a city or forest zone is imposed in case of unauthorized actions on municipal and federal territory.

Violators of the law are brought to justice by state forest protection authorities, environmental or ordinary police officers. Upon arrest, offenders are taken to the department. The equipment and tools used to carry out the felling are confiscated. Punishment is imposed in accordance with the legislation of the Russian Federation.

Criminal liability

Illegal destruction of forest plantations refers to environmental crimes and is considered by Article 260 of the Criminal Code of the Russian Federation. To the protected plant objects include trees, vines and shrubs. In order to fall under criminal liability, it is not necessary to remove a significant part of the forest; it is enough to damage the planting without the possibility of its restoration. Such acts are also punishable by law.

Dacha owners and land owners should be aware of the law. A fine for cutting down a tree on their property is imposed on citizens who have committed an offense on land bordering a protected area. These are, for example, zoos and nature reserves.

As a punishment, a fine is provided for cutting down trees, which may be accompanied by additions in the form of work, restrictions on activities, removal from office or imprisonment. The scale of the offense is assessed depending on damage caused and is classified as:

• significant - from 5 thousand rubles;
• large - from 50 thousand;
• especially large – 150 thousand rubles. and higher.

This indicator determines what will be money penalty for unauthorized cutting down of trees. The amount of damage is calculated by a forest guard representative. Preventive measures are determined by the court.

Administrative responsibility

Damage and unauthorized digging of forest vegetation are administrative offenses and are considered in Article 8, paragraph 28 of the Code of Administrative Offenses of the Russian Federation. The penalty is a fine for cutting down trees. In addition, it is possible to confiscate the machinery and equipment used to commit this violation.

Illegal acquisition, extraction, storage or sale of wood are also administrative violations and are subject to monetary penalties, the amount of which is determined by the responsible official.

Amounts of fines

For violators who have committed criminal offense, a significant fine is provided. For cutting down trees on a large scale (an amount of up to 50 thousand rubles of damage) monetary recovery, which can reach 500 thousand rubles. Persons who have committed crimes taking advantage of their official position or caused major damage by their act, are obliged to pay from five hundred thousand to a million rubles. Violations assessed as particularly large entail a fine of one to three million rubles.

When administrative offense The following monetary penalties are provided:

• individuals – up to 4 thousand rubles;
• authorized persons – up to 40 thousand rubles;
• organizations – up to 300 thousand rubles.

For the use of machinery and special equipment resulting in damage to forest plantations, a fine will also be charged:

• For individuals– up to 5 thousand rubles;
• For authorized persons– 20-40 thousand rubles;
• For legal organizations– from 200 to 300 thousand rubles.

Other types of punishment

For committing a criminal offense, not only monetary sanctions are provided. Depending on the damage caused, the court may impose other types of punishment.

Significant size (from 5 thousand rubles):

• collection sum of money, equal to the amount of salary or any other income (for a period of up to 3 years);
• compulsory work - no more than four hundred eighty hours;
• work correctional order- no more than 2 years;
• work coercive nature- no longer than 2 years with or without a fine;
• imprisonment for up to 2 years with or without a fine.

Large size (from 50 thousand damage):

• recovery of a sum of money equal to the amount wages or other income (for a period of up to 4 years);
• forced labor for up to 4 years with or without a fine;
• imprisonment for up to 4 years with or without a fine;

Extra large size (from 150 thousand rubles):

• collection of a fine, equal to the amount any material income(for a period of up to 5 years);
• forced labor - up to 5 years with or without a fine;
• imprisonment for up to 7 years with or without a fine;
• deprivation of the right to obtain certain positions and occupations specific types activity - up to 3 years.

Sanctions for a group of attackers

A fine for cutting down trees in a forest by a group of people is equivalent to punishment for the most big size damage. In cases where the destruction of trees was carried out organized group or as a result of a preliminary agreement, the most stringent preventive measures are imposed - a fine of up to three million rubles or imprisonment for a term of up to seven years.

Illegal logging of forest plantations

Commentary on Article 260 of the Criminal Code of the Russian Federation:

1. The direct object of the crime in question is public relations in the field of forest protection.
Subject - trees, shrubs and vines, both related and not related to forest plantations.

2. Objective side of this crime is expressed in one of two acts: firstly, in illegal, i.e. without proper permit document- license, logging license (warrant) or forest license, - felling of forest plantations or trees, shrubs or vines not classified as such; secondly, in damage specified items to the point of cessation of growth.

3. Logging should be recognized as illegal even in the case when guilty person Although he has a permit, he does not harvest wood on the plot allocated to him, the wrong tree species, or the quantities specified in the permit. As the Plenum explained Supreme Court RF, felling of forest plantations or trees, shrubs and vines not classified as forest plantations in relation to Article 260 of the Criminal Code of the Russian Federation should be understood as their cutting, felling or cutting, that is, separation in different ways tree trunk, bush stem and vine from the root. Damage can be expressed in a wide variety of actions: peeling bark, mechanical damage tree trunk, in the death of its foliage as a result of exposure to pesticides, etc. These actions are illegal if they are committed in a significant amount.

4. Illegal cutting of trees and bushes is a material crime. As a public dangerous consequences acts, the law recognizes their significant size - a sign strictly formalized in the note to Art. 260 of the Criminal Code - damage calculated at established rates in excess of 5 thousand rubles. A causal link must be established between the act and the damage.
The crime is considered completed at the moment the specified consequences occur.

5. Subjective side a crime is characterized by guilt in the form of direct intent: the perpetrator realizes that he is illegally cutting down or damaging trees and bushes, and foresees that he is committing specified actions in a significant amount, and wishes to cause such damage to forestry.

6. Part 2 art. 260 of the Criminal Code establishes liability for illegal logging, as well as damage to the point of stopping the growth of trees of various forest plantations, including trees, shrubs and vines, if these acts are committed: a) by a group of persons; b) by a person using his official position; c) on a large scale.

7. The acts specified in Part 2 of Art. 260 of the Criminal Code and committed on a large scale, - material compositions crimes. In accordance with the note to this article, damage calculated at the established rates in excess of 50 thousand rubles is considered large.

8. The subjective side assumes guilt in the form of direct or indirect intent.

9. The subject of the crime is a sane person who has reached the age of 16 years.

10. In part 3 of Art. 260 of the Criminal Code provides for liability for committing acts provided for in part 1 or 2 of this article, on an especially large scale, by a group of persons prior agreement or an organized group.
In accordance with the note to this article, damage calculated at established rates in excess of 150 thousand rubles is recognized as particularly large. On the concept of forms of complicity, see the commentary to Art. 35 of the Criminal Code.

Illegal logging continues to occupy a large problematic niche in the imperfect Russian legislation, where this issue is regulated by two articles - 260 of the Criminal Code of the Russian Federation and 8.28 of the Code of Administrative Offenses of the Russian Federation, applied taking into account the circumstances of the case and the amount of damage caused.

Offenders receive good incomes and a constant demand for wood, and the state, represented by its residents, on the contrary, suffers economic and environmental damage. In order to understand this issue in more detail and consider ways to eliminate it, we suggest that you read the following article.

“Illegal logging”: revealing the concept

Illegal logging should be considered logging that is carried out without the right to such actions. legal grounds, i.e. official permitting documents, including a lease or purchase agreement for a plot with forest plantations located on it and acquired for the purpose of industrial harvesting. The conclusion of an agreement by an individual (private) person must take place with the Ministry forestry areas of residence.

Illegal logging also includes damage to a tree (shrub, vine), which causes the cessation of the growth of this plant.

When can felling be officially carried out?

If according to the results expert assessment it was revealed that the condition of the trees after a fire or other disaster is such that it is not possible to save these plantings, the owner (tenant) of the site may be given permission to clear felling main use ( sanitary cabin) legally.

Threat to the economy and environment

From an economic point of view, the damage to the country's economy as a result illegal logging trees is huge: annually in the budget Russian Federation Tens of billions of rubles are missing.

On an industrial scale, this problem is especially relevant Far East and on the border with China People's Republic. IN latest requirement to the implementation of tree felling are quite strict, which became the reason for the intensification of gray (semi-legal) logging on the border with Russia in large quantities. The Chinese treat the acceptance of forests with great cordiality, neglecting the issue related to the legality of the origin of the cut down trees.

If we turn to the question of Russian ecology, then the actions of the so-called “black” (illegal) forest cutters can also cause serious damage. And all because in order to make boards, preference is given to expensive pine species, leaving useless tree tops and branches at the felling site, which, when dry, often cause problems. forest fires of serious proportions.

Damage is also caused to the animal world, whose representatives begin to migrate from their places of habitual residence. Legal forestry activities also suffer from illegal logging. Exhaustion forest bases often becomes the reason for the forced shift of logging centers to areas where the forest infrastructure is weak, which, in turn, is reflected in an increase in cost finished products and decreasing profitability of legal logging.

Who has the right to detain offenders?

Except law enforcement, the prerogative of conducting regular raids on their territories is also given to government inspectors from Rosprirodnadzor and forestry.

But the Environmental Prosecutor's Office receives complaints and signals from residents about illegal logging. Based on received signals, raids are carried out. If a violation is recorded at the crime scene, all alleged violators will be detained until the circumstances of the incident are clarified.

After the participants of the raid draw up a protocol, they calculate the damage caused. If, according to a preliminary estimate, it does not exceed the amount of 5 thousand rubles, they turn to the Code of Administrative Offenses of the Russian Federation.

Punishment according to the Code of Administrative Offenses of the Russian Federation

In accordance with Article 8.28, a fine of 3 to 4 thousand rubles may be collected from the violator. If officials are involved in a crime related to illegal logging, the fine for them will be from 20 to 40 thousand rubles. The greatest losses, as a rule, are borne by legal entities: from 200 to 300 thousand rubles.

In case of use in deforestation various equipment the amount of the fine for all categories increases. In this case, a private person will pay 4-5 thousand rubles, an official – 40-50 thousand rubles, entity– 300-500 thousand rubles. All mechanisms, equipment and transport are subject to confiscation, and products of illegal use of natural resources are subject to confiscation.

In the case of the acquisition (storage, transportation, sale) of illegally cut timber, other fines are applied: for citizens - 5 thousand rubles, officials– 50 thousand rubles, legal entities – from 400 to 700 thousand rubles.

Punishment according to the Criminal Code of the Russian Federation

If we are talking about significant damage to the forest, all materials and evidence of violations prepared as a result of the inspection are processed investigative authorities, where a criminal case will be initiated.

If it is impossible to identify the culprits on the spot, law enforcement officers are charged with initiating an investigation to search for and identify the perpetrators.

In case of causing damage, the amount of which exceeds the amount of 5 thousand rubles, the private violator already faces a fine of up to 500 thousand rubles, or income will be deducted from him in the amount of that of the convicted person for a three-year period. Article 260 of the Criminal Code of the Russian Federation also provides for the application of more impressive fines (up to 200 rubles) to a violator caught in illegal logging, along with the award of correctional or forced labor up to imprisonment for up to two years.

These penalties may be applied to offenders acting alone. If the violation was committed with the involvement of other persons (using official position, on a large scale), the fine can reach one and a half million rubles. Similarly, compulsory and correctional labor or imprisonment for up to 4 years plus a fine of 300 thousand rubles.

Particularly large violations, i.e. on an industrial scale, entail significant consequences. It's about on fines reaching 3 million rubles, correctional and forced labor covering large periods of time. Prison term in this case it may be 7 years.

How the law is applied in practice

If accused of illegal logging, obtaining a qualified legal assistance suspects come forward often.

This is due, in particular, to the fact that the law in the area under consideration is not perfect and has many weak points. Eg, single meaning when using the term “cutting down” it never appeared in judicial practice.

The interpretation of this term differs in the regions. According to one point of view, only the cutting of trees is subject to a criminal law prohibition, and only those persons who were directly involved in cutting down (cutting down) trees are considered violators.

As for those persons who are engaged in auxiliary activities, i.e., engaged in the work of primary cutting of trees, their preparation for removal and the removal of the forest itself, they may be classified as accomplices if they are aware of the commission of illegal actions.

In accordance with the second point of view, violators include all recorded persons, without taking into account their function in the team when cutting down trees. It could be like simple drivers, and loaders.

This lack of commonality of opinion makes it possible to create a good platform for advocacy and the use of various maneuvers, which leads to certain difficulties in applying evidence against violators. The removal of harvested timber, for example, is not always carried out on the same day as the cutting of trees: the time interval between these actions can reach one month. Therefore, drivers detained while removing trees often claim that they have nothing to do with the cutting down, and at the time of discovery they are transporting abandoned trees.

Lawyers may have problems serious questions and regarding the methodology used to collect information about the damage caused. In addition, finding and proving the guilt of the main violators often becomes an impossible task.

Such gaps in the system, of course, are taken advantage of not only by private, small-scale hewers, but also by semi-legal industrialists, not paying attention to the upcoming consequences.

All this entails a large increase in violations related to illegal logging throughout the country. An effective measure to correct the situation can only be serious amendments to regulations and unified approach to the application of punishment approved at the federal level.

On the territory of Russia, the process of cutting down trees is regulated by whole line legislative norms. For illegal destruction, depending on the degree of damage caused, administrative or criminal liability is provided.

What is illegal logging?

The concept of illegal logging does not apply to all trees. For example, you can cut down the vegetation on your site without any permitting documentation. But for the trees located in the municipal or state property you will have to answer.

These include the following categories of plantings:

1. Included in the State Forest Fund.
2. Plantings in parks and alleys.
3. Trees along railways and roads.

In this case, it plays absolutely no role whether they were planted by humans or grew independently. Objects of illegal logging also include trees located on farmland and tree nurseries. If it is necessary to cut down a tree located on municipal territory It is always necessary to obtain the appropriate permission.

Illegal logging means damage to trees to the point of stopping their growth in the absence of appropriate permits. This concept also includes illegally issued permits and logging carried out in violation of deadlines and non-compliance with the specified species.

Administrative responsibility. Fines for illegal logging.

Administrative liability for illegal logging is provided for in cases where the damage caused does not exceed 5,000 rubles. It is regulated by the Code of Administrative Offenses, Art. 8 subparagraph 28.

In accordance with it, the amount of the fine may be:

1. For individuals from 3 to 4 thousand rubles.
2. For officials from 20 to 40 thousand rubles.
3. For legal entities from 200 to 300 thousand rubles.

In cases where mechanized means were involved in the process of illegal logging, the amount of fines increases significantly:

1. For individuals from 4 to 5 thousand rubles.
2. For officials from 40 to 50 thousand rubles.
3. For legal entities from 300 to 500 thousand rubles.

Besides, in in some cases To listed fines Other penalties may also apply. For example, confiscation of equipment or illegal logging objects.

The Code of Administrative Offenses also provides for liability for the sale and purchase of illegally cut timber.

If the amount of damage caused as a result of illegal logging exceeds 5,000 rubles, measures may be taken against violators criminal liability. They are clearly stated in Art. 260 of the Criminal Code of the Russian Federation. According to them, fines of up to 500 thousand rubles can be applied. In some cases, the amount of the monetary penalty is equal to the income of the offender. In this case, the amount of his earnings for the last 3 years is used for calculation.

In addition to monetary penalties, this article also provides for up to 480 hours compulsory work or 2 years correctional. In case of particularly large fellings, violators are subject to imprisonment. In this case, the term of imprisonment, depending on the circumstances, can reach up to 2 years and be accompanied by a fine of 100 to 200 thousand rubles.

When determining the penalty, the court must take into account the amount of damage caused. In doing so, it takes into account the following criteria:

1. Damage in excess of 5,000 rubles will be enough to initiate a criminal case.
2. If the damage exceeds 50 thousand rubles, it will be considered especially large.
3. If the threshold of 150 thousand rubles is exceeded, the damage will be classified as especially large.

Who can be held accountable?

Almost any forestry employee can be held accountable for illegal logging: a forester, a huntsman, a member of a forest patrol. This can also be done by a police officer, for example, a local police officer. In this case, everyone involved, both the customer and the performers, will be held accountable.

Where to go if you find out about illegal logging? If you suspect illegal logging, you should first contact the forestry department. In this case, it is best to first stock up on appropriate photo and video materials. They will either confirm the legality of the activities being carried out or begin an investigation.

In cases where suspicions arise about the involvement of forestry employees, you should contact your district police officer directly. In this case, he will be obliged to visit the felling site and check all necessary documentation. In case of its absence or non-compliance, he has the right to detain the loggers and confiscate the equipment involved.

Fact #1

An interesting strategy to combat illegal logging is being developed in Romania. Its essence lies in chipping every tree cut down. During harvesting, loggers will be required to hammer a special chip into each log. It will contain information about the procurement location and procurement time. Subsequently, just one smartphone will be enough to read this information.

Such tracking systems have been used for quite some time in Food Industry. For example, to determine the origin of beef carcasses. According to the developers, the global implementation of this system will almost completely eradicate the problem of illegal logging.

Fact #2

Since July 2017, a special KEDR satellite system has been used in the Primorsky Territory to control deforestation. During her work, she helped identify 17 cases of violations worth about 3 million rubles.

The system quickly determines the actual coordinates of illegal logging, which allows you to quickly determine the location of suspected crimes. Forest condition monitoring is carried out 24 hours a day, regardless of weather conditions. The implemented system allows you to effectively monitor even small areas of felling.

Fact #3

One of the residents of Prikamye illegally cut down 91 trees. After calculations, it turned out that his actions caused damage in the amount of about 1 million rubles. At the trial, the offender fully confessed to his crime. After which he was ordered to pay a fine equivalent to the amount of damage. At present, the sentence has already entered into force.

According to Art. 5 LK RF, the forest is ecological system and natural resource. Plants can be in it in their natural state or planted by humans to replenish it. The legislation provides for liability for destruction or damage to the ecosystem. Let us further consider in detail the norm establishing punishment for subjects for these illegal acts.

Article 260 of the Criminal Code of the Russian Federation

Illegal cutting of forest plantations, as well as damage to plants, including vines and shrubs to the point where their growth stops, in an amount considered significant, is punishable by:

1. Monetary recovery in the amount of up to 500 thousand rubles. or equal to the perpetrator’s salary or other income for 3 years.
2. Forced labor for up to 2 years. Additionally, a monetary penalty in the amount of 100-200 thousand rubles may be imposed. or in the amount of income for 12-18 months.
3. Mandatory work up to 480 hours.
4. Imprisonment up to 2 years. An additional fine of 100-200 thousand rubles may be imposed. or in the amount of income for 12-18 months.
5. Correctional labor for up to 2 years.

Qualifying composition

The above crimes can be committed:

For such acts, Article 260 of the Criminal Code of the Russian Federation establishes:

1. Fine from 500 thousand to 1 million rubles. or the amount of income for 4 years.
2. Forced labor with a monetary penalty from 150 to 300 thousand rubles. or in the amount of salary (other income) for 1.5-2 years. Additionally, a ban on carrying out certain activities or holding specific positions for 3 years may be imposed.
3. Imprisonment up to 4 years. Additionally, the court may impose a fine of 150-300 thousand rubles. or equal to the subject’s income for 1.5-2 years, and also prohibit the person from carrying out certain activities or hold some position for 3 years.

Aggravating circumstances

The crimes established by Article 260 of the Criminal Code of the Russian Federation in parts one and two can be committed by an organized group, by several persons who have previously agreed with each other, or in an amount recognized as especially large. In these cases the following are charged:

To the last two sanctions, Article 260 of the Criminal Code of the Russian Federation additionally provides for a monetary penalty in the amount of 300-500 thousand rubles. or equal to the subject’s income for 2-3 years, as well as a ban on carrying out certain activities and staying on certain positions within 3 years.

Note

Applying Art. 260 of the Criminal Code of the Russian Federation, judicial practice proceeds from the fact that damage is recognized as significant, in monetary equivalent exceeding 5 thousand rubles. Large size An amount greater than 50 thousand rubles is considered, especially large - 150 thousand rubles. Calculation is carried out according to the methodology and rates approved by the Government.

Comments

The direct object of the crime, responsibility for which is provided for in Article 260 of the Criminal Code of the Russian Federation, is the social relations that exist in the field of rational use and protection natural resources. They are regulated by the relevant Federal Law, LC, regulations issued by the Government within the framework of its powers, land and civil laws. The subject of the unlawful act is vines, shrubs and trees, classified and not classified as forest plantations. These resources are located on lands of the corresponding categories that are owned by the state. The boundaries of forest areas are determined in accordance with the Civil Code and Land Code.

Specifics of activity

Within forest fund legislation allows:

1. Procurement of resin, wood, secondary resources ( Christmas trees, pine, fir paws, birch bark, bark, etc.).
2. Side use. In particular, this means making hay, picking mushrooms, berries, wild fruits, medicinal raw materials, etc., placing apiaries and beehives.
3. Use of areas for the needs of hunting farms, scientific research, cultural and recreational, sports tourism purposes.

Features of responsibility

When carrying out activities, do not provided for by law, Article 260 of the Criminal Code of the Russian Federation is in effect, Old Code about offenses administrative nature contained a similar rule. In particular, liability was provided for under Art. 65. Administrative penalty charged for use not in accordance with the requirements or purposes established in the forest or logging ticket (warrant). Currently, other permitting documents are used.

LC provisions

IN forest code plantings that are permissible for felling are established. The lists are provided in norms 16 and 17 LC. The rules in accordance with which the felling of plantings is carried out are established in accordance with the procedure for harvesting wood, caring for plants, fire and sanitary safety. In Art. 29 LC provides for the types of ecosystems in which it is allowed entrepreneurial activity, as well as the total volumes of wood for harvesting. The government determines a list of plantings whose logging is prohibited. Citizens and organizations can carry out procurement in accordance with land lease agreements. When conducting activities without providing territories, the basis will be an agreement on the purchase and sale of plantings. The rules for allocating plots for use are established in Art. 71-80 LC. Allowed for construction, heating and other own needs. Such activities are permitted on the basis of contracts for the sale and purchase of plantings. The standards and procedures for procurement are determined by regional laws.

Characteristics of crimes

Forest cutting not in accordance with the requirements specified in the legislation is considered illegal. An activity will be considered illegal even if there is a permit if it is carried out in violation of the conditions specified in it. In these cases, Article 260 of the Criminal Code of the Russian Federation is subject to application. Arbitrage practice proceeds from the fact that, within the meaning of the norm in question, procurement carried out by:

1. Not in a designated area.
2. Not in the prescribed quantity.
3. Not the types of wood specified in the permit document.
4. Not on time.
5. Plantings prohibited from felling.
6. After a decision is made to limit, suspend or terminate the user’s activities or his rights to operate the site.

The crime is considered completed from the moment of final separation of a bush, vine or tree from the root or damage to a state in which their growth ceases, if the acts were committed in an amount considered significant.

Subjective part

Individuals who have reached 16 years of age may be held liable. The subjective part of the act presupposes direct intent. The citizen who carries out the felling understands the danger of his behavior. He assumes that his actions cause significant damage to the ecosystem. When qualifying a crime, the motives of the subject do not matter. When committing an act, the person desires the occurrence negative consequences. It should be noted that Article 260 of the Criminal Code of the Russian Federation is subject to amnesty. However, only certain categories citizens.